Written Answers Tuesday 17 November 2009

Scottish Executive

Community Councils

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive, with reference to the SNP manifesto commitment, what action it has taken to review the devolution of greater responsibilities to community councils and what additional responsibilities will be devolved.

John Swinney: In April 2008, the Scottish Government and COSLA made a joint commitment to community empowerment, which culminated in the launch of the Community Empowerment Action Plan earlier this year.

  A Scottish Government Community Council Working Group (CCWG) was invited to identify expanded roles and responsibilities for community councils. They found that many, in discussion and agreement with their local authority, already undertook a variety of roles and responsibilities, including directing a portion of local spend, for example - arranging minor repairs of certain local authority amenities, control of common good funds and community hall management/maintenance. However, in order for this to be more widespread, the capacity of community councils would require strengthening.

  As part of their remit, and to address the development of capacity, the CCWG produced a Model Scheme of Establishment of Community Councils and Code of Conduct for Community Councillors. Adoption of these documents is key to the building of capacity as they will help to establish greater consistency of operational arrangements and a culture of accountability.

  The Scottish Government is also funding a series of Community Council Pilot Projects. In partnership with COSLA and the Association of Scottish Community Councils (ASCC), we have developed to date three out of six and another three are in train. The pilots will focus on budget management, potential asset management and community council elections.

  Along with our key partners therefore, we are continuing to raise the profile and effectiveness of community councils throughout Scotland to enable them to build their capacity and to allow them to engage as key participants in local decision making and delivery.

Community Councils

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive, with reference to the SNP manifesto commitment, what the outcome was of its consultation on measures to enable new models of community management of facilities within local authority control.

John Swinney: As part of the community empowerment agenda, we have awarded £250,000 to the Development Trust Association Scotland (DTAS) over a two year period to take forward the action points within the Community Empowerment Action Plan (CEAP) on community ownership of assets.

  In addition, the Scottish Government, in partnership with COSLA and the Association of Scottish Community Councils (ASCC), are currently in discussions with two local authority areas to identify and negotiate potential Community Council Pilot Projects which will focus on management of a local authority controlled asset in that area.

Economy

Ms Wendy Alexander (Paisley North) (Lab): To ask the Scottish Executive what its position is on the First Minister’s previously stated view that spivs and speculators caused the demise of HBOS.

Jim Mather: The First Minister’s quote referred to "short-selling spivs and speculators". From July through to September 2008, short-selling on HBOS shares was taking place at a higher than normal volume. It was also clear that this practice was giving rise to disorderly markets and the fact that regulators across the world took action to prevent further abuse at that time is evidence of this. For example, in the UK, the Financial Services Authority introduced a ban on short-selling shares in financial institutions on the 18 September 2008, with other countries following suit shortly afterwards.

Employment

Ms Wendy Alexander (Paisley North) (Lab): To ask the Scottish Executive how many additional jobs have been created, and over what period, by the advanced capital spend and how it has arrived at these figures.

John Swinney: Estimates of the employment impacts of the accelerated capital spending programme have been produced using the Scottish Government input-output model. Details of the number of jobs supported in the Scottish economy over the period of the programme can be found in the Economy Recovery Plan: Update  document, which was published on 29 October 2009.

Finance

Hugh O'Donnell (Central Scotland) (LD): To ask the Scottish Executive how much of the Barnett consequential of £34 million arising from recommendations in Aiming high for disabled children: better support for families has been allocated to local authorities as part of Grant Aided Expenditure.

Adam Ingram: The Barnett Formula consequentials due to Scotland as a result of HM Treasury’s announcement of £340 million to support families with disabled children, in connection with the report Aiming high for disabled children: better support for families,  were included within the overall Scottish Budget resulting from the comprehensive spending review 2007 settlement, and were not hypothecated. The allocation of appropriate levels of support for disabled children, young people and their families remains a matter for local authorities.

Fire Safety

John Wilson (Central Scotland) (SNP): To ask the Scottish Executive whether it will establish a safer Scotland unit to simplify and co-ordinate community safety as recommended in the report, Scotland Together: A study examining fire deaths and injuries in Scotland .

Fergus Ewing: It is the view of the Scottish Government that the report does not seek to establish a new quango, with all its associated costs.

  Instead, we are committed to reviewing the range of existing activities within the Scottish Government and its partners to improve the safety of those most at risk. We will also look to move forward work already started on a more effective multi-agency approach to fire safety.

  By bringing together expertise from central and local government, emergency services and other partners, we can ensure that the resources available for fire safety are focused on preventative action.

Fire Service

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive, following the flooding in the north east on 1 November 2009, whether it shares the concerns expressed by the Fire Brigades Union in a press release on 2 November 2009 that firefighters were working waist deep in water without the specialist training required to undertake that task safely.

Fergus Ewing: All fire and rescue services have a statutory duty to respond to major flooding incidents and the Scottish Government has made over £1.3 million of funding available to support the purchase of related equipment and training. The Scottish Government would therefore be concerned if any firefighter was asked to perform a role without the right training.

  While the provision of training and resourcing is primarily the responsibility of each fire and rescue service, additional support and guidance is also provided by the Scottish Fire Services College and the Scottish Fire and Rescue Advisory Unit.

  In this instance, we encourage the Fire Brigades Union to present their evidence directly to the relevant fire and rescue service, with a view to reaching resolution at a local level.

Fire Service

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what assessment it has made of compliance with section 5 of The Fire (Additional Function) (Scotland) Order 2005; whether it intends to take action, and, if so, what action.

Fergus Ewing: Scotland’s fire and rescue services have a statutory duty to respond to major flooding incidents. As such, the legal responsibility for ensuring that these duties are carried out safely and effectively rests with the relevant fire and rescue authorities.

  Additionally, the Scottish Fire Services College and the Scottish Fire and Rescue Advisory Unit provide the fire and rescue services with practical training and guidance on a range of operational issues for flood rescue.

Gaelic Language

Ken Macintosh (Eastwood) (Lab): To ask the Scottish Executive whether it will clarify the status of its Gaelic language plan.

Ken Macintosh (Eastwood) (Lab): To ask the Scottish Executive what action it has taken to keep the Gaelic community, interested members of the public and the Parliament informed of developments and decisions relating to its draft Gaelic language plan.

Ken Macintosh (Eastwood) (Lab): To ask the Scottish Executive what responses it received to the consultation on its draft Gaelic language plan; what analysis it has undertaken of those responses; what changes it has made to the draft plan in light of the consultation responses and whether it plans to publish information in relation to the responses, its own analysis or changes made to the draft plan.

Michael Russell: The Scottish Government Gaelic language plan was approved in principal by Bòrd na Gàidhlig on the 25 August. The bòrd have asked for some clarity on a few points and work is ongoing to address these issues. During the consultation period on the draft plan a total of 48 responses were received. These were, in the main, greatly supportive of the work that was being undertaken by the Scottish Government and other public bodies on behalf of Gaelic. These respondents were pleased with the lay-out, contents and the general level of commitment expressed across the main areas of the Gaelic plan relating to corporate identity, communications, publications and staffing. All responses were analysed separately by officials from the Analysis and Evaluation Support Unit and are available at:

  http://www.scotland.gov.uk/Topics/ArtsCultureSport/arts/gaelic/gaelic-English/Consultation.

  In addition, the analysis and copies of the responses from those consultees who wished their responses to be made public are available at the Scottish Government Library, Saughton House, Broomhouse Drive, Edinburgh. There were a number of consultation suggestions accepted which strengthened the Gaelic plan, highlighted work that was ongoing across Directorates that had not been included previously and also tightened the language in parts to focus on delivery and timescales. Once the Scottish Government Gaelic language plan has been finalised and approved by Bòrd na Gàidhlig it will be available on our website.

Health

Michael Matheson (Falkirk West) (SNP): To ask the Scottish Executive what plans are in place to support the implementation of the forthcoming NHS Quality Improvement Scotland clinical standards for neurological health services.

Shona Robison: NHS Quality Improvement Scotland (NHS QIS) is developing an implementation and improvement plan to accompany the formal launch of the standards in January 2010. Central to this will be work with individual NHS boards, healthcare professionals and the public to establish local quality improvement groups.

  NHS QIS will then work with these groups to identify priority areas for attention according to local need, agree key performance indicators to demonstrate continuous quality improvement and develop systems for data collection that will promote continuous quality improvement locally, the sharing of good practice and the facilitation of national audit.

  This programme will also ensure that appropriate links are made to other national priorities, including the long-term conditions action plan and the wider approach to improving quality across healthcare services NHSScotland.

Health

Nicol Stephen (Aberdeen South) (LD): To ask the Scottish Executive, further to the answer to question S3W-27461 by Nicola Sturgeon on 3 November 2009, whether Aberdeen Royal Infirmary had capacity to provide adult respiratory extracorporeal membrane oxygenation treatment prior to 1 October 2009 and, if so, when it acquired this capacity.

Nicola Sturgeon: NHS Grampian has provided adult respiratory ECMO treatment on seven occasions over the last seven years at Aberdeen Royal Infirmary. This includes two occasions last month, when two patients within NHS Grampian were suffering from H1N1 and were considered suitable for respiratory ECMO treatment, but on each occasion current UK and Stockholm commissioned and accredited capacity had been reached.

  Prior to November 2007, this treatment was only possible with the direct clinical support of the Leicester team, who either travelled up to treat patients onsite, or provided ongoing clinical support and advice from a distance.

  Since then, a number of staff have been trained by Leicester in the provision of adult respiratory ECMO treatment, therefore there is no longer a requirement for Leicester clinicians to provide support onsite. However, all referrals for ECMO continue to require discussion and agreement with Leicester clinicians, and any provision of ECMO treatment must be undertaken only with the ongoing clinical advice and support from Leicester throughout.

Kinship Care

Johann Lamont (Glasgow Pollok) (Lab): To ask the Scottish Executive what the average value is of payment to kinship carers, broken down by local authority.

Adam Ingram: This information is not held centrally.

  The level of allowance paid to kinship carers of looked-after children is set locally and may depend on individual circumstances such as the carer’s benefits entitlement.

Postal Services

Jamie McGrigor (Highlands and Islands) (Con): To ask the Scottish Executive whether it is aware of concerns in rural areas that customers in such areas can be charged extra by carrier or courier companies for the delivery of goods; if so, what its position is on this matter, and what relevant discussions it has had with (a) carrier or courier companies and (b) the UK Government.

Jim Mather: The Scottish Government recognises the concerns of consumers who feel disadvantaged by courier surcharges. However, given that the market for courier services is a free market and not regulated by government, there is no locus for or basis on which Scottish ministers could intervene.

  The issue of surcharging by couriers for deliveries in remote areas was considered by the Public Petitions Committee at the end of last year and the Scottish Government was invited to comment. The Minister for Enterprise, Energy and Tourism replied on behalf of the Scottish Government on 5 January 2009 (PE 1211 refers).

  Post offices and postal services are reserved to the UK Government under Schedule 5 Section C11 of the Scotland Act 1998.

  The Scottish Government’s position remains that we want to secure a sustainable postal service for Scotland that serves the needs of all our communities. This position is reflected in the Scottish Government’s response to the Independent Review of the UK Postal Services Market:

  http://www.scotland.gov.uk/Publications/2008/06/postalreviewresponse.

Renewable Energy

Nanette Milne (North East Scotland) (Con): To ask the Scottish Executive what support it is providing to farmers to take forward mini-hydro schemes to help achieve its renewable energy targets.

Jim Mather: Increased support for micro-hydro is available under the renewables obligation. Since April 2009, hydro schemes with a capacity of less than 50kW now receive two Renewable Obligations Certificates (ROCs) per megawatt hour.

  The Scottish Government’s Scottish Rural Development Programme provides capital support to farmers to install renewable energy systems, including hydro-electric schemes. The programme also provides capital support to farmers who wish to diversify into renewable energy generation.

  In addition, the Scottish Government has also formed a micro-hydro sub-group of the Forum for Renewable Energy Development in Scotland. The sub-group met for the first time on 19 October and will work to address the opportunities and barriers facing the sector.

Renewable Energy

Nanette Milne (North East Scotland) (Con): To ask the Scottish Executive what guidance it has given to the Scottish Environment Protection Agency regarding abstraction licences for mini-hydro schemes to help achieve its renewable energy targets.

Jim Mather: Under the Water Framework Directive provisions, the Scottish Environment Protection Agency (SEPA) is required to strike the right balance between supporting hydropower development and protecting the water environment and other users. As part of the implementation of the Directive, the Water Environment and Water Service (Scotland) Act 2003 introduced the Water Environment (Controlled Activities) (Scotland) Regulations (CAR). These regulations require that any developer of a hydropower scheme obtain prior authorisation from SEPA for a CAR license to allow for water abstraction.

Renewable Energy

Lewis Macdonald (Aberdeen Central) (Lab): To ask the Scottish Executive, further to the answers to questions S3W-27550 and S3W-28034 by Jim Mather on 30 September and 26 October 2009 respectively, in relation to how many applications for (a) new wind energy developments and (b) extensions to existing wind energy developments received since May 2007 it has failed to meet its target of a decision within nine months where there is no public inquiry.

Jim Mather: In December 2007, I announced an objective of having applications being determined within nine months where there is no public inquiry.

  Since that date, we have received five applications for new wind farms and six applications for extensions to existing wind farms. Of these, the following have not been able to be determined within our nine month objective.

  Applications for New Wind Farms

  

 Name of Development
 Date Received
 Status


 Dorenell wind farm
 06-05-2008
 Application under consideration


 Earlshaugh wind farm
 25-06-2008
 Application under consideration



  Applications for Extensions to Existing Wind Farms

  

 Name of Development
 Date Received
 Status


 Black law wind farm extension
 25-01-2008
 Application under consideration


 Rothes wind farm extension
 27-12-2007
 Application under consideration


 Whitelee wind farm extension
 23-04-2008
 Consented within 13 months

Renewable Energy

Lewis Macdonald (Aberdeen Central) (Lab): To ask the Scottish Executive, further to the answer to question S3W-27997 by Jim Mather on 4 November 2009, whether it will list the (a) dates of and (b) signatories to correspondence between its ministers and ministers in the Department of Energy and Climate Change about funds in Ofgem’s Fossil Fuel Levy account.

Lewis Macdonald (Aberdeen Central) (Lab): To ask the Scottish Executive, further to the answer to question S3W-27997 by Jim Mather on 4 November 2009, whether it will list the (a) dates of and (b) signatories to correspondence between its ministers and ministers in the (i) Department of Trade and Industry, (ii) Department of Business, Enterprise and Regulatory Reform and (iii) Department for Business, Innovation and Skills about funds in Ofgem’s Fossil Fuel Levy account.

Jim Mather: The dates of and signatories to all correspondence between Scottish and UK ministers on the subject of Scotland’s Fossil Fuel Levy surplus are set out in the answer to question S3W-27997 on 4 November 2009. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

  http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

Rivers

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive what advice is provided to angling, canoeing and rafting organisations regarding shared use of and access to rivers.

Roseanna Cunningham: Following enactment of the Land Reform (Scotland) Act 2003, the Scottish Parliament approved the Scottish Outdoor Access Code, prepared by Scottish Natural Heritage under the terms of the Act to provide guidance to all interested parties on the responsibilities of land managers and of those exercising access rights on land and water.

  I understand that guidance on the right of access to inland water, taking account of the variety of legitimate uses of, and interests in, rivers and other freshwater bodies, is being prepared by a group including the Scottish Rural Property and Business Association (SRPBA), the Scottish Canoe Association, the Paths for All Partnership and Scottish Natural Heritage. This guidance titled Using Inland Water Responsibly is expected to be available before the end of this year.

Scottish Natural Heritage

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether it has powers to direct Scottish Natural Heritage.

Roseanna Cunningham: Section 11 of the Natural Heritage (Scotland) Act 1991 provides powers for Scottish ministers to provide directions to Scottish Natural Heritage with regard to the discharge of its functions, except in relation to the functions specified in Schedule 2 of the Act which relate primarily to statutory advisory functions which were formerly the responsibility of the Nature Conservancy Council for Scotland.

Statistics

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive whether it is aware of any case of online official statistics referred to in a motion for parliamentary debate being altered on the evening prior to such debate.

Fiona Hyslop: The Scottish Government is only aware of one such case - School Estate Statistics 2009 – for which I refer the member to the answer to her related question S3W-28638 on 16 November 2009.

  Scottish Government official statistics are governed by the Code of Practice for Official Statistics. One of the principles of the code is to "correct errors discovered in statistical reports, and alert stakeholders, promptly". It is Scottish Government policy to publish necessary amendments as soon as possible, in compliance with the code of practice. These arrangements are not governed by political factors, as was confirmed by the chief statistician in the above case.

  All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

Teachers

Margaret Smith (Edinburgh West) (LD): To ask the Scottish Executive whether there are standard procedures or guidance that (a) schools and (b) local authorities are required to follow when handling allegations of misconduct made by a pupil or parent against a teacher and, if not, whether it considers that it might be appropriate to put such procedures in place.

Keith Brown: The Scottish Government’s Safe and Well handbook (2005) provides guidance for staff, schools and education authorities on handling allegations against teachers so that any such allegations can be promptly, fully and properly investigated.

Teachers

Margaret Smith (Edinburgh West) (LD): To ask the Scottish Executive whether there are standard procedures or guidance that (a) schools and (b) local authorities are required to follow with regard to publicly naming the accused when handling allegations of misconduct made by a pupil or parent against a teacher and, if not, whether it considers that it might be appropriate to put such procedures in place.

Keith Brown: The Scottish Government’s Safe and Well handbook (2005) provides guidance for staff, schools and education authorities on handling allegations against teachers so that any such allegations can be promptly, fully and properly investigated. Teachers, as employees of local authorities, would expect their privacy to be respected during investigation of any employment related matter, however this would not prevent them being named publicly by the person making the allegation.

Teachers

Margaret Smith (Edinburgh West) (LD): To ask the Scottish Executive whether there are standard procedures or guidance that (a) schools and (b) local authorities are required to follow when dealing with pupils that make false allegations of misconduct against teachers and, if not, whether it considers that it might be appropriate to put such procedures in place.

Keith Brown: The Scottish Government has published Safe and Well: Good Practice in Schools and Education Authorities for Keeping Children Safe and Well  (2005), which provides guidance on the protection of children in schools. This guidance contains information on the actions which local authorities and schools may take in relation to allegations made against staff and states that education authorities and schools should consider putting in place a clear strategy to help deal effectively with any allegation received. We would expect schools to put in place procedures for supporting both pupils and staff involved in any allegation. Safe and well can be accessed at:

  http://www.scotland.gov.uk/Publications/2005/08/0191408/14093.

  A review of safe and well is underway and a new online version is due to be published in spring 2010.

Teachers

Margaret Smith (Edinburgh West) (LD): To ask the Scottish Executive whether it considers that teachers subject to allegations of misconduct by pupils or parents should have a right to anonymity while investigations are ongoing.

Keith Brown: The Scottish Government understands the concerns of teachers who may have allegations of misconduct made against them. However, other than very limited exceptions for children and vulnerable witnesses, Scotland has an open system of court proceedings. The identity of an accused person only formally enters the public domain upon an appearance at court. Any moves to introduce further reporting restrictions would have repercussions beyond the teaching profession and would require very careful consideration.

Teachers

Margaret Smith (Edinburgh West) (LD): To ask the Scottish Executive whether it considers that teachers subject to allegations of misconduct by pupils or parents should be prohibited from communicating with colleagues.

Keith Brown: The Scottish Government’s Safe and Well handbook (2005) provides guidance for staff, schools and education authorities on handling allegations against teachers so that any such allegations can be promptly, fully and properly investigated. Detailed internal procedures on how these investigations are carried out, including whether the teacher involved should communicate with colleagues, are for education authorities to put in place.

Teachers

Margaret Smith (Edinburgh West) (LD): To ask the Scottish Executive whether there are standard procedures or guidance that (a) schools and (b) local authorities are required to follow to support teachers that have been subject to an allegation of misconduct by a pupil or parent and, if not, whether it considers that it might be appropriate to put such procedures in place.

Keith Brown: The Scottish Government’s Safe and Well handbook (2005) provides guidance for staff, schools and education authorities on handling allegations against teachers so that any such allegations can be promptly, fully and properly investigated. The support provided to teachers subject to an allegation of misconduct is a matter for education authorities to decide based on the individual circumstances of the case.